Ray v. McCain

United States District Court, W.D. Louisiana, Lake Charles Division

June 11, 2018

ALTON RAY D.O.C. # 599637v.W.S. McCAIN

SECTION
P

REPORT AND RECOMMENDATION

Kathleen Kay, Judge

Before
the court is a petition for writ of habeas corpus filed
pursuant to 28 U.S.C. § 2254 by Alton “Aldo”
Ray, who is proceeding pro se in this matter. Ray is an
inmate in the custody of the Louisiana Department of Public
Safety and Corrections and is currently incarcerated at the
Raymond Laborde Correctional Center in Cottonport, Louisiana.
W.S. McCain, warden of that facility and respondent in this
matter, opposes the petition and Ray has filed a reply. Docs.
21, 27. Accordingly, the matter is now ripe.

This
petition is referred to the undersigned for review, report,
and recommendation in accordance with 28 U.S.C. § 636
and the standing orders of the court. For the following
reasons IT IS RECOMMEDED that the petition
for writ of habeas corpus be DENIED and
DISMISSED WITH PREJUDICE as time-barred
under 28 U.S.C. § 2244(d).

I.

Background

A.
Conviction

On
February 1, 2011, in the Thirtieth Judicial District Court,
Vernon Parish, Louisiana, Ray was charged by bill of
information with two counts of molestation of a juvenile, a
violation of Louisiana Revised Statute § 14:81.2(A)(1),
or in the alternative, two counts of sexual battery of a
juvenile, a violation of La. Rev. Stat. § 14:43.1. Doc.
22, att. 1, p. 38. After a one-day bench trial on January 11,
2012, Ray was acquitted on the first count and convicted of
sexual battery on the second count. Doc. 22, att. 6, pp. 6-8.
Ray made a motion and amended motion for a new trials [doc.
22, att. 3, pp. 1-2, 6], and the court denied same after a
hearing. Id. at 9; see doc. 22, att. 6, pp.
12-18 (hearing transcript). Ray was then sentenced on June
12, 2012, to a twenty-five year term of imprisonment, the
minimum required by law, without benefit of probation,
parole, or suspension of sentence. Doc. 22, att. 1, p. 14;
doc. 22, att. 3, pp. 20-22. He filed a motion to reconsider
sentence, which was summarily denied without a hearing. Doc.
22, att. 3, pp. 11-12.

B.
Direct Appeal

Through
counsel, Ray raised the following assignments of error in the
Louisiana Third Circuit Court of Appeal:

1. The evidence introduced at trial was insufficient to
support his conviction for sexual battery.

2. The trial court failed to confirm whether Ray had
knowingly and voluntarily waived his right to jury trial.

3. The trial court imposed a constitutionally excessive
sentence.

4. The trial court erred in failing to consider the
mitigating circumstances in the case, which require deviation
from the ...

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